General

You’ve brainstormed, refined, and finally landed on a business name or logo that feels just right. It captures your brand perfectly. But before you invest in websites, marketing, packaging, or signage, there’s a crucial question to answer: Is your name or logo actually available to use? At brandU Legal, we see too many businesses rush […]

The Canadian Intellectual Property Office (CIPO) has launched a pilot program aimed at reducing the number of unused trademarks on the Register of Trademarks. Section 45 of the Trademarks Act Under section 45 of the Trademarks Act, anyone – including CIPO – can request the removal of a trademark registration from the Register on the

The China National Intellectual Property Administration (CNIPA) has introduced new rules for requesting non-use cancellation of a trademark. These rules have been implemented to minimise malicious cancellation attempts and reduce the administrative burden on both trademark owners and the CNIPA. Key Changes Previously, if a non-use cancellation request was filed, the burden of proof was

Introduction Businesses and individuals must remain vigilant against fraudulent activities that threaten their intellectual property (IP) rights. A rise in sophisticated scams involving fake IP firms issuing fraudulent demands highlights the need for awareness and proactive measures to protect trade marks and other IP assets. Identifying the Scam Scammers impersonate legitimate IP firms, sending emails

Introduction The increasing use of artificial intelligence (AI) in creative processes raises legal issues, particularly concerning copyright protection. The US Copyright Office has clarified that AI-generated content may qualify for copyright protection, provided there is sufficient human involvement. Understanding the criteria and implications is essential for businesses and individuals seeking to protect their intellectual property.

Effective 1 October 2024, IP Australia will introduce significant changes to its fee structure, as outlined in its Cost Recovery Implementation Statement (CRIS). These changes impact the costs associated with patents, trade marks, designs, and plant breeder’s rights. While some filing fees remain unchanged or have decreased, such as for trade marks and designs, many

In addition to traditional trade marks such as words and logos, businesses and designers alike often ask whether it is possible to protect the design of their product by way of registration. In Australia, two key mechanisms for safeguarding visual aspects of products are registered designs and 3D trade marks. Though they may appear similar

In the United States, registering a trade mark involves several important considerations, one of which is selecting the appropriate filing basis. The filing basis determines the legal foundation upon which the application is submitted to the United States Patent and Trademark Office (USPTO). Each basis reflects a different stage in the trade mark’s use and

Are you considering expanding your brand internationally? If so, establishing a robust global trade mark strategy is essential for protecting your brand across various markets and jurisdictions. A well-crafted strategy ensures consistency, recognition, and legal protection for your trade marks worldwide.  Here’s a concise guide on how to prepare an effective global trade mark strategy:

In today’s globalized economy, protecting intellectual property rights, particularly trademarks, is paramount for businesses seeking to establish and expand their brands internationally. Trademark registration can be pursued through two main avenues: the Madrid Protocol and national filings. Each method offers distinct advantages, catering to different strategic and operational needs of businesses. The Madrid Protocol: Streamlined